Pruit v. Pruit
Supreme Court of Alabama
From Probate Court of Lawrence. Tried before Hon. J. H. McDonald. This proceeding, which was a motion to substitute a lost record, was commenced by serving upon Eichard Pruit and John Moore, as administrators of the estate of Wm. Pruit, deceased, the following notice : “State of Alabama, ¡ To any sheriff of the State of Lawrence county, j Alabama.
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From Probate Court of Lawrence. Tried before Hon. J. H. McDonald. This proceeding, which was a motion to substitute a lost record, was commenced by serving upon Eichard Pruit and John Moore, as administrators of the estate of Wm. Pruit, deceased, the following notice : “State of Alabama, ¡ To any sheriff of the State of Lawrence county, j Alabama. You are hereby commanded to give notice to Richard Pruit, and John Moore, as the administrators of the estate of William Pruit, deceased, that Martha Pruit, widow of said William Pruit, deceased, in her own right, as one of the distributees of said…
1Opinion of the CourtB. F. Saffold, J.
The question presented in this case is the sufficiency of the notice of the motion to substitute another record, in the place of one lost, under the provisions of the statute for the substitution of lost records. Acts, 1865-6, pp. 48, 49.
Section 2, of the act, requires: “ That the party proposing to make such substitution, shall give the opposite party notice, which shall be executed at least ten'days before the term of the court, at which such motion is proposed to be made, which notice shall state the court in which the judgment or decree proposed to be substituted, was rendered; the amount…
2Cases cited1 opinion
- McLendon v. JonesSupreme Court of Alabama · 1845
3Cited by6 opinions
- Choate v. Alabama Great Southern R. R.Supreme Court of Alabama · 1911
- Wise v. StateSupreme Court of Alabama · 1922
- Denson v. StanleyAlabama Court of Appeals · 1918
- Whitney v. Jasper Land Co.Supreme Court of Alabama · 1898
- Ward v. StateSupreme Court of Alabama · 1885
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